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Category Archives: Human Rights

Ministry of Justice legal aid cuts not based on evidence

Here at Swain and Co we have been active in fighting the deep cuts to legal aid. We have consistently said that the legal aid cuts were idealistic as opposed to based on real evidence. Our current Justice Secretary does not want ordinary people to have access to justice and access to legal aid. The…
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‘5,000 slaves in Britain’

Is modern day slavery more prevalent in Britain than we might think? Last week three women were freed from a house in a normal London street where they had been kept captive for three decades. They have been described as being ‘hidden in plain sight’ and they are said to had some “controlled freedom”. However,…
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Christian woman sues over right not to work on Sabbath

A devout Christian woman is fighting for her right not to work on the Sabbath, a Sunday. Her case is to be heard in the Court of Appeal yesterday (Wednesday 23rd October 2013). Celestina Mba, 58, resigned from her job as a children’s care worker with Merton Council after she says she was repeatedly roistered…
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Conservatives have ‘clear plan’ on Human Rights

Draft legislation of the UK relationship with the European Convention on Human Rights will be published by next May. Justice secretary Chris Grayling reiterated his view about the European Convention on Human Rights: it is too wide in scope and has departed too far from what its creators intended. He has previously hinted at his…
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Whole life imprisonment breaches human rights

On 9th July 2013, murderer Jeremy Bamber and two other prisoners serving whole life sentences had their cases considered by the European Court of Human Rights. The court ruled that a whole life term, if it is to remain compatible with Human Rights legislation, prohibiting inhuman and degrading treatment, must allow possibility of review after,…
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Housing and Human Rights Ruling

Housing solicitors at Swain & Co have been busily considering a decision of the Court of Appeal handed down on 24th January 2013. The court held that one joint tenant giving notice to quit will end the tenancy for all the tenants. The case of Sims v Dacorum Borough Council [2013] EWCA Civ 12 concerned…
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Tony Nicklinson dies, 6 days after he lost right to die case

Tony Nicklinson, the locked-in syndrome sufferer who lost his right to die with the help of a doctor last week, has died 6 days after the judgment was given. Mr Nicklinson had been refusing food since the judgement and contracted pneumonia, refusing treatment, and died yesterday morning with his family around him. His wife, Jane…
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Convicted riot offender prepares human rights case

Perry Atherton, who was convicted and jailed following rioting in Nottingham, is planning to challenge the conviction in the European Court of Human Rights. If the case goes ahead, it could set a precedent for other cases that followed the riots of last summer. Perry Atherton was sentenced to 3 years in prison in May…
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Government U-turn on secret trials

The government has scaled back plans to hold more secret trials amid fierce criticism from civil liberties groups. Certain cases will still be heard in in secret where a judge decides there is a genuine danger to the public or to informants from the evidence being heard in public. Swain & Co. welcomes the move…
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European Court find in favour of prisoner votes

The European Court of Human Rights has upheld its ruling in a previous case that the UK’s blanket ban on prisoners being able to vote is unlawful. Swain & Co.’s prison law and human rights solicitors are pleased that the UK will now have to match the rest of Europe and grant some prisoners the…
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